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Preemption

1,709 published works

  1. Eye on ESG

    California Climate Disclosure Laws – OCC Challenges Application to Federally Chartered Banks—but November 10 Reporting Deadline Remains

    By Stephanie Hurst, Dario Frommer, Paul de Bernier, McKaela Broitman

    The Office of the Comptroller of the Currency (OCC), the federal regulator of national banks and federal savings associations, has challenged the application of California’s climate disclosure laws to those…

  2. Consumer Finance Monitor

    OCC Doubles Down on Its Challenge to States’ Lawsuit Over Interest-on-Mortgage Escrow Rules, Urging Dismissal or Transfer to D.C.

    By Alan S. Kaplinsky

    The Office of the Comptroller of the Currency (OCC) has filed on November 2,2026 its reply brief in support of its motion to dismiss, or alternatively transfer to the District…

  3. Consumer Finance Monitor

    OCC Challenges California’s Climate Disclosure Laws, Citing Federal Preemption and Its Exclusive Visitorial Authority Over National Banks

    By Alan S. Kaplinsky, John L. Culhane, Jr., Scott A. Coleman, Beau Hurtig

    The Office of the Comptroller of the Currency (OCC) is taking aim at another potential source of state regulatory interference with federally chartered financial institutions. In an October 29, 2026…

  4. Drug & Device Law

    Zombie Presumption Against Preemption Leads to Absurd Results in California

    By Bexis

    We held off blogging about Navarro v. Walgreens Boots Alliance, Inc., 2026 WL 2355975 (Mag. E.D. Cal. Aug. 13, 2026) (“Navarro I”), in the hope that this absurd magistrate decision…

  5. Missouri Lawyers Media

    Municipal: Towing Ordinances-State Preemption

    By Erin Achenbach

    Listen to this article Plaintiff appealed the denial of its petition for declaratory and injunctive relief. Plaintiff filed suit alleging that defendant city and county enacted towing ordinances contrary to…

  6. Missouri Lawyers Media

    Municipal: Business License Denial-Municipal Ordinance Violation

    By Erin Achenbach

    Listen to this article Plaintiff appealed the trial court’s judgment affirming defendant’s denial of plaintiff’s renewal of its business license. Defendant denied the renewal due to plaintiff’s alleged violation of…

  7. Consumer Finance Monitor

    State AGs Oppose OCC’s Bid to Pause Challenge to Rules Preempting State Mortgage Interest-on-Escrow Laws

    By Alan S. Kaplinsky

    The ten states challenging the Office of the Comptroller of the Currency’s (OCC) new interest-on-escrow rules are urging a federal district court to reject the agency’s attempt to delay judicial…

  8. Drug & Device Law

    Yesterday’s News, Today’s “Newly Acquired Information” — The First Circuit’s CBE Time Warp

    By Michelle Yeary

    Here is a question the First Circuit has now answered the wrong way — can a scientific paper published before the FDA approved a drug nonetheless qualify as “newly acquired…

  9. Consumer Finance Monitor

    States Oppose OCC Bid to Dismiss Mortgage Interest-on-Escrow Lawsuit Challenging New OCC Regulations

    By Alan S. Kaplinsky

    Oregon and nine other states argue that the OCC unlawfully preempted state interest-on-escrow laws, that Oregon is a proper venue, and that their challenge to the agency’s authority should proceed.…

  10. Drug & Device Law

    Child-Resistant Packaging Preemption

    By Lisa Baird

    Readers of this space know we pay close attention to how courts handle preemption in product cases.  This week, we stumbled across a new-to-us variation, by virtue of the federal…